1. The appellant filed an application before the Forest Tribunal for a declaration that an extent of 102.78 acres of land is not a vested forest within the purview of the Kerala Private Forests (Vesting and Assignment) Act, 1971 (for short'the Act'). The application was dismissed by the Forest Tribunal, except in regard to an extent of 2 acres which was found to be not a private forest. Hence this appeal.

2. The material averments in the application are as follows: He purchased the land described therein as per Ext.Al assignment deed dated 16-1-1972 and the said land is part of an extensive area planted with rubber for which a licence was issued by the Rubber Board in 1961 in favour of the predecessors-in-title of the appellant. The whole area was enjoyed as a full grown rubber estate by name "Mahe Malappuram Estate", until it was ravaged by successive out-breaks of wild fire during the period immediately prior to Ext.Al assignment. The appellant applied to the Rubber Board and obtained a licence for replanting rubber in this area and on the strength of the said licence planting operations were again made in the land. But due to continued labour unrest in the Estate it w